Apologies for the belated response: I meant to respond yesterday but ran out of time ):
Human rights are rationally agreed upon rights that should be conferred to all people...Universal, non-discriminatory, equal, and ideas that we would like to respect, protect, and fill.
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“If this is true, then what rights we have are tied and anchored in our nature as a human; and so we look at that nature to expose which rights we have and which rights we think we have but don’t.”
— Bob Ross
No objection. We may have to define human nature, but I think we both have a general sense of what that is for now.
I think we will need to dive into what a nature and human nature is; because, to me, the idea that human rights would be
necessarily, in principle, universal amongst humans is incoherent with the idea that, in principle, rights are grounded in human nature. This is because ‘human nature’ is not a real nature: (human) femaleness and (human) maleness are human nature
s that exist within our species. The species itself is an abstraction; and, likewise, ‘human nature’ is an abstraction
of the subset of essential properties that (human) males and (human) females
share; but the fullness of the
real nature that a male or female have is broader than that. In principle, there is nothing restricting rights to only what can be grounded in what each share. Again, why should be believe that two beings of different natures should have the same exact rights—and not just a subset of shared rights—in virtue of their personhood? Perhaps you are open to the possibility of different rights that persons of different natures could have such that they don’t share all the same rights with other persons of different natures; but that, perhaps, there simply aren’t any meaningful differences between them that, in actuality, would warrant different rights. If so, then I would ask you to elaborate more on that.
So you know where I am coming from, I am an essentialist: I think there is a whatness—viz., what it is to be this particular thing contrary to another thing—that real objects (e.g., cars, roads, humans, cockroaches, trees, iron, etc.) have intrinsically. In my case, I account for it with form realism: I think there is a unification, actualization principle of things in matter which provide its innate intelligibility (of what kind of thing it is). Someone else may account for it, for example, by suggesting that each type of thing is that type in virtue of exhibiting some essential set of properties (as opposed to having a unification principle that provides it) and, so, anything that has that set of properties is that type of thing. Admittedly, if one takes the latter route, then it could follow that ‘human nature’ is real; because things could embody multiple natures as a mere collection or aggregate of parts that exihibit different but compatible sets of essential properties (e.g., Bob having brown hair and being a human exhibits both the nature of brownness and humanness). In my case, since the form provides the whatness, I would say that the real essence is embodied in its form, in the fullness of its essence, and this entails that, for humans, their form is what provides their intelligibility as the kind of thing that is a human; and this form is male or female—so ‘human nature’ is an abstraction of what the two forms have in common. In simple words, I don’t think it is possible for their to be a human being that embodies a real nature of ‘humanness’ that is neither male nor female (and I say this knowing about intersex people); but the counter would be obviously that nothing embodies natures in a ‘real’ way like I am describing if forms are not real or they are a set of essential properties something embodies.
My main point would be: why should we believe that the part of ‘female’ and ‘male’ nature that is shared between them is all that we look at to determine their rights if rights are natural?
Are you saying that the definition of human nature can never be subjective, or that a human being's nature can never be subjective?
So, for me, a ‘nature’ is an essence; which is what provides what it is to be this kind of thing as opposed to a different kind of thing; and it can be real (viz., innate and intrinsic as embodied in the being itself: essence realism) or not real (viz., conceptually used by our minds to help categorize similar things: nominalism). To me, valid essences are real and embodied in virtue of the form of a being. So the form, which is the self-actualizing principle of the body that provides it with its whatness (viz., the simple ‘I’ that guides the material processes of the body, which is called a ‘soul’) is what counts as the real nature of the given human; and this nature is never generically ‘human’. Moreover, that nature is embodied in the being independently of what they feel or think about it; so it is stance-independently existent—hence ‘objective’.
You bring up a good point: what about the subjective experience we have? Isn’t that a part of our nature? Yes, but our subjective experience we have is not itself identical to our nature that provides us with being a type of thing that ‘has subjective experience’. To be fair, this is where the differences between essence being a set of properties vs. form get impactful. In my view, your form provides you with being the kind of being that will, under the right circumstances, develop into a being that has experience; but for ‘set theoriests’, for lack of a better term, the being doesn’t have that nature until it exhibits the set of essential properties; so if one thinks that ‘having consciousness’ is essential to being human, then anyone who isn’t currently conscious is not human.
The main point would be that the nature one has is not dependent on the subjective stance you take on it; and that’s all I mean here by ‘objectivity’. I understand, if I remember correctly, you use the terms to distinguish between the qualitative experience we have (viz., subjectivity) and what we are experiencing (viz., objectivity); and I think that schema holds much merit in the context of many discussions, and I agree with you that our nature includes ‘being a subject’.
But if we disregard a person's subjective experience, then we would be able to inflict immense pain on a person without a care or doubt
So, I would say that the nature itself is not identical to the experience we have; our nature entails that we will have such an experience (all else being equal). We do need to consider, to your point, the
sensible aspect of our nature, as well as the
nutritive and
rational aspects, but this is irregardless of if someone is realized sufficiently at their nature. For example, to counter your example, imagine I could drug someone so they won’t feel the pain in your scenario: does that mean I have sidestepped the moral consideration that they are sensibility that are being violated? I wouldn’t say so. I would be purposefully depriving them of feeling which is a privation of their nature; so it is immoral (and I say this knowing that this may sound strange, but by ‘purposeful’ I mean ‘directly intentional’: I may intend to deprive them of feeling as a side effect of the means towards some good end [such as numbing them for surgery to save their life]).
Is there a right that society should have certain subjective expectations of someone with a red hair color? It doesn't seem so. For one, everyone could technically have a different expectation of someone with red hair color
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I think what you're saying is, "Can there be a human right about cultural subjective expectations?"
This is one of my main points: if ‘gender’ is solely a social expectation, then it has no objective grounding (i.e., it isn’t a social expectation about the real nature of a being—like your ‘biological expectation’ examples); and this means that all social expectations are irrational and immoral. If I expect you to behave some way out of pure subjective feelings or thoughts I have, with no underlying basis in reality, then I am being irrational and immoral because I am viewing you as having an obligation towards submitting to my own feelings are baseless thoughts. This is the consequence of modern gender theory as you outlined in in the OP: ‘gender’ becomes something which we can’t even talk about ‘gender rights’, because those would be just be rights we grant based off of social expectations that have no basis in reality (in objectivity). I understand that’s not what you are really conveying, but that’s the consequence of defining the terms in the way it is defined in the OP (by my lights).
So then if we say, "trans gender rights" the only way for this to make sense is if there are certain human rights being denied to trans gender people simply because they are trans gendered. I think that's the only way this makes sense.
Agreed.
In common, but in common based on biology and function. Do we consider that a person who cannot walk has a particular right that a human who walks does not? Of course we would say its "All humans who cannot walk". In such a way we can say, "All humans who are men". The key here is this cannot be due to a social expectation, it must be based on the objective realities and consequences of biology. I say this as a proposal, not an assertion. I'm curious what you think here.
Are you saying here that the only aspects of male and female biology that matter for consideration of rights is their rational will or intellect? I am not following how the biological and functional differences of women and men wouldn’t be, in principle, taken into account when discussing rights.
Another major difference, I suspect between us, is that I would say that social expectations and obligations can be, if done right, grounded in the real natures of humans; so the ‘biology and function’ of a male or female does legitimately lead to different social roles between them that are grounded in ‘biology and function’. Whereas, in the OP, if I am understanding correctly, the social roles would just always be purely inter-subjective.
In my view I say yes to all three.
I see now you are very libertarian (:
I would briefly note that goodness is the equality of a thing’s essence and existence; so ethics, for me, is going to be centralized around
helping realize natures and not
the freedom to make choices. I think the main difference here in what you said and my view is that you seem to believe that freedom to make choices (not withstanding you perhaps trying to talk people out of doing bad things or it harming other people) is what freedom truly is about; and I deny this. This is the difference between what’s called ‘freedom of indifference’ and ‘freedom for excellence’. I don’t think freedom fundamentally consists in being about to choose between options; but, rather, consists in a state of being that is most conducive to flourishing.
To really contrast these, let’s rope God into this (;
If freedom is about being able to choose from options (especially contraries), then God is the kind of being that is the most unfree being that could possibly exist because He cannot do evil (and in some views, like mine, He cannot do anything contrary to what is the best option); whereas, if freedom is about being in the best state of being to realize and act in accord with your nature, then God is the kind of being that is the most free being that could possibly exist because He is unimpeded by anything else as a pure intellect, has perfect knowledge of what is good, and has no conative aspect of His being (like the possibility of vices, appetites, etc. overcoming the rational will—e.g., “I really think I should workout, but I really don’t feel like it”).
You can see here how utterly incompatible the modern metaphysic of freedom is to the traditionalist metaphysic.
Freedom for excellence suggests that humans are
more free the more virtues they cultivate, the less vices they have, the more knowledge of what is good they have, and the more their environment is setup for their good (viz., their realization and maintenance of their nature as a human); whereas, freedom of indifference would suggest that humans are
more free the more options they can choose from without being coerced either way, so this will look like humans being the most free in a society that leaves them do their own devices.
In my view, because I take a different view of freedom, it makes someone less free to give them even the mere option to take hard drugs; and this is bad for them because it makes them less capable of realizing their nature.
Perhaps you would say that even if freedom is in either way expounded above, that we should be able to choose to do evil; and I agree, but not to the detriment of our long-term good. When we parent children, we give them some leeway to make their own mistakes so that they grow to love what is good for them (as someone shoving ideas down their throat doesn't make them love those ideas); but we also safeguard them against themselves so that things that are too dangerous can't ruin their lives.